§Why CasetextPricing

Alma Duran v. Ocwen Mortgage Servicing, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,812 times   441 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,677 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  5. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,141 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  6. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,327 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  7. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,114 times   54 Legal Analyses
    Holding that the timely filing of a purported class action suit tolls the statute of limitations for putative class members who seek to either intervene in the suit or file their own individual lawsuits after class action certification has been denied

  8. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 926 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

  9. Chardon v. Fumero Soto

    462 U.S. 650 (1983)   Cited 241 times
    Upholding a similar Puerto Rico statute as an acceptable substitute for American Pipe tolling

  10. Wade v. Danek Medical

    182 F.3d 281 (4th Cir. 1999)   Cited 264 times   1 Legal Analyses
    Holding that "in any case in which a state statute of limitations applies . . . the state's accompanying rule regarding equitable tolling should also apply"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,843 times   10 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  14. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,398 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  15. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,064 times   5 Legal Analyses

    This title may be cited as the Rosenthal Fair Debt Collection Practices Act. Ca. Civ. Code § 1788 Amended by Stats 2000 ch 375 (AB 1331), s 5, eff. 1/1/2001. Previously Amended September 3, 1999 (Bill Number: AB 969) (Chapter 319).